Bill Text: IL SB2964 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Coroner Division of the Counties Code. In provisions regarding preliminary investigations where a drug overdose is determined to be the cause or a contributing factor in a death, modifies the definition of "overdose" to exclude death caused by fentanyl, which shall be considered poisoning. Provides that, in every case in which fentanyl is determined to be the cause or a contributing factor in the death, the coroner or medical examiner shall report the death to the Department of Public Health as "fentanyl poisoning". Provides that, in the monthly report of overdose deaths, the Department shall also report on fentanyl poisoning deaths.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-04-08 - Added as Co-Sponsor Sen. Sally J. Turner [SB2964 Detail]

Download: Illinois-2023-SB2964-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2964 Introduced 1/31/2024, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-3013 from Ch. 34, par. 3-3013
Amends the Coroner Division of the Counties Code. In provisions regarding preliminary investigations where a drug overdose is determined to be the cause or a contributing factor in a death, modifies the definition of "overdose" to exclude death caused by fentanyl, which shall be considered poisoning. Provides that, in every case in which fentanyl is determined to be the cause or a contributing factor in the death, the coroner or medical examiner shall report the death to the Department of Public Health as "fentanyl poisoning". Provides that, in the monthly report of overdose deaths, the Department shall also report on fentanyl poisoning deaths.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 3-3013 as follows:
(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
Sec. 3-3013. Preliminary investigations; blood and urine
analysis; summoning jury; reports. Every coroner, whenever,
as soon as he knows or is informed that the dead body of any
person is found, or lying within his county, whose death is
suspected of being:
(a) A sudden or violent death, whether apparently
suicidal, homicidal, or accidental, including, but not
limited to, deaths apparently caused or contributed to by
thermal, traumatic, chemical, electrical, or radiational
injury, or a complication of any of them, or by drowning or
suffocation, or as a result of domestic violence as
defined in the Illinois Domestic Violence Act of 1986;
(b) A death due to a sex crime;
(c) A death where the circumstances are suspicious,
obscure, mysterious, or otherwise unexplained or where, in
the written opinion of the attending physician, the cause
of death is not determined;

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(d) A death where addiction to alcohol or to any drug
may have been a contributory cause; or
(e) A death where the decedent was not attended by a
licensed physician;
shall go to the place where the dead body is and take charge of
the same and shall make a preliminary investigation into the
circumstances of the death. In the case of death without
attendance by a licensed physician, the body may be moved with
the coroner's consent from the place of death to a mortuary in
the same county. Coroners in their discretion shall notify
such physician as is designated in accordance with Section
3-3014 to attempt to ascertain the cause of death, either by
autopsy or otherwise.
In cases of accidental death involving a motor vehicle in
which the decedent was (1) the operator or a suspected
operator of a motor vehicle, or (2) a pedestrian 16 years of
age or older, the coroner shall require that a blood specimen
of at least 30 cc., and if medically possible a urine specimen
of at least 30 cc. or as much as possible up to 30 cc., be
withdrawn from the body of the decedent in a timely fashion
after the crash causing his death, by such physician as has
been designated in accordance with Section 3-3014, or by the
coroner or deputy coroner or a qualified person designated by
such physician, coroner, or deputy coroner. If the county does
not maintain laboratory facilities for making such analysis,
the blood and urine so drawn shall be sent to the Illinois

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State Police or any other accredited or State-certified
laboratory for analysis of the alcohol, carbon monoxide, and
dangerous or narcotic drug content of such blood and urine
specimens. Each specimen submitted shall be accompanied by
pertinent information concerning the decedent upon a form
prescribed by such laboratory. Any person drawing blood and
urine and any person making any examination of the blood and
urine under the terms of this Division shall be immune from all
liability, civil or criminal, that might otherwise be incurred
or imposed.
In all other cases coming within the jurisdiction of the
coroner and referred to in subparagraphs (a) through (e)
above, blood, and, whenever possible, urine samples shall be
analyzed for the presence of alcohol and other drugs. When the
coroner suspects that drugs may have been involved in the
death, either directly or indirectly, a toxicological
examination shall be performed which may include analyses of
blood, urine, bile, gastric contents, and other tissues. When
the coroner suspects a death is due to toxic substances, other
than drugs, the coroner shall consult with the toxicologist
prior to collection of samples. Information submitted to the
toxicologist shall include information as to height, weight,
age, sex, and race of the decedent as well as medical history,
medications used by, and the manner of death of the decedent.
When the coroner or medical examiner finds that the cause
of death is due to homicidal means, the coroner or medical

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examiner shall cause blood and buccal specimens (tissue may be
submitted if no uncontaminated blood or buccal specimen can be
obtained), whenever possible, to be withdrawn from the body of
the decedent in a timely fashion. For proper preservation of
the specimens, collected blood and buccal specimens shall be
dried and tissue specimens shall be frozen if available
equipment exists. As soon as possible, but no later than 30
days after the collection of the specimens, the coroner or
medical examiner shall release those specimens to the police
agency responsible for investigating the death. As soon as
possible, but no later than 30 days after the receipt from the
coroner or medical examiner, the police agency shall submit
the specimens using the agency case number to a National DNA
Index System (NDIS) participating laboratory within this
State, such as the Illinois State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings. The results of the analysis and categorizing into
genetic marker groupings shall be provided to the Illinois
State Police and shall be maintained by the Illinois State
Police in the State central repository in the same manner, and
subject to the same conditions, as provided in Section 5-4-3
of the Unified Code of Corrections. The requirements of this
paragraph are in addition to any other findings, specimens, or
information that the coroner or medical examiner is required
to provide during the conduct of a criminal investigation.
In all counties, in cases of apparent suicide, homicide,

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or accidental death or in other cases, within the discretion
of the coroner, the coroner may summon 8 persons of lawful age
from those persons drawn for petit jurors in the county. The
summons shall command these persons to present themselves
personally at such a place and time as the coroner shall
determine, and may be in any form which the coroner shall
determine and may incorporate any reasonable form of request
for acknowledgment which the coroner deems practical and
provides a reliable proof of service. The summons may be
served by first class mail. From the 8 persons so summoned, the
coroner shall select 6 to serve as the jury for the inquest.
Inquests may be continued from time to time, as the coroner may
deem necessary. The 6 jurors selected in a given case may view
the body of the deceased. If at any continuation of an inquest
one or more of the original jurors shall be unable to continue
to serve, the coroner shall fill the vacancy or vacancies. A
juror serving pursuant to this paragraph shall receive
compensation from the county at the same rate as the rate of
compensation that is paid to petit or grand jurors in the
county. The coroner shall furnish to each juror without fee at
the time of his discharge a certificate of the number of days
in attendance at an inquest, and, upon being presented with
such certificate, the county treasurer shall pay to the juror
the sum provided for his services.
In counties which have a jury commission, in cases of
apparent suicide or homicide or of accidental death, the

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coroner may conduct an inquest. The jury commission shall
provide at least 8 jurors to the coroner, from whom the coroner
shall select any 6 to serve as the jury for the inquest.
Inquests may be continued from time to time as the coroner may
deem necessary. The 6 jurors originally chosen in a given case
may view the body of the deceased. If at any continuation of an
inquest one or more of the 6 jurors originally chosen shall be
unable to continue to serve, the coroner shall fill the
vacancy or vacancies. At the coroner's discretion, additional
jurors to fill such vacancies shall be supplied by the jury
commission. A juror serving pursuant to this paragraph in such
county shall receive compensation from the county at the same
rate as the rate of compensation that is paid to petit or grand
jurors in the county.
In every case in which a fire is determined to be a
contributing factor in a death, the coroner shall report the
death to the Office of the State Fire Marshal. The coroner
shall provide a copy of the death certificate (i) within 30
days after filing the permanent death certificate and (ii) in
a manner that is agreed upon by the coroner and the State Fire
Marshal.
In every case in which a drug overdose is determined to be
the cause or a contributing factor in the death, the coroner or
medical examiner shall report the death to the Department of
Public Health. The Department of Public Health shall adopt
rules regarding specific information that must be reported in

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the event of such a death. If possible, the coroner shall
report the cause of the overdose. As used in this Section,
"overdose" has the same meaning as it does in Section 414 of
the Illinois Controlled Substances Act, but does not include
any cause of death caused by fentanyl, which shall be
considered poisoning. In every case in which fentanyl is
determined to be the cause or a contributing factor in the
death, the coroner or medical examiner shall report the death
to the Department of Public Health as "fentanyl poisoning".
The Department of Public Health shall issue a semiannual
report to the General Assembly summarizing the reports
received. The Department shall also provide on its website a
monthly report of overdose and fentanyl poisoning death
figures organized by location, age, and any other factors the
Department deems appropriate.
In addition, in every case in which domestic violence is
determined to be a contributing factor in a death, the coroner
shall report the death to the Illinois State Police.
All deaths in State institutions and all deaths of wards
of the State or youth in care as defined in Section 4d of the
Children and Family Services Act in private care facilities or
in programs funded by the Department of Human Services under
its powers relating to mental health and developmental
disabilities or alcoholism and substance abuse or funded by
the Department of Children and Family Services shall be
reported to the coroner of the county in which the facility is

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